The criminal complaint alleges two of the videos show the children dropping their towels and dancing around naked in a sexual manor.

The other video shows one of the girls being awakened in bed and told to go to the bathroom. The video then allegedly shows the camera focusing on the back of the girl's underwear. Hoffner says that can easily be explained.

"One of my daughters has difficulty during the night and we decided to wake her up during the night to go the bathroom," said Hoffner. "When we told her about this, she wanted to see it."

The assistant Blue Earth County attorney prosecuting the case was not available for comment.

"I don't even know how to predict this case. I can tell you this, it's very sad," said Joe Daly, a former defense attorney and current law professor at Hamline University.

While Daly questions why Hoffner would be shooting naked videos of his older kids, an 8-year-old son and 9-year-old daughter, he says defining what is and what is not pornographic can be tough.

"This is a very grey area of the law," he said. "I'm personally glad I'm not the prosecutor in this case. And I'm also personally glad I'm not the defense attorney in this case. I'd rather be a professor studying this case."

He also wonders if Hoffner would have been charged if it weren't for what happened at Penn State.

"I don't think we'd be here if Penn State hadn't occurred. I think we're all in heightened state of alert," he said.

He understands why the university, police, and prosecutors would take this case so seriously. But without watching the videos, he says it's difficult to understand what really happened.